I am foreign born with a US passport only. I became a citizen through derivation. I have a violent felony conviction in NY. Can I still petition for my spouse? Can I use my passport alone to prove my citizenship as I never applied for my certificate of citizenship?
Generally, a U.S. citizen may sponsor a spouse with a Form I-130 application regardless of when and how the citizen spouse became a citizen and regardless of whether the citizen spouse has a felony conviction. The USCIS generally accepts a U.S. passport as evidence of U.S. citizenship. Of course, there are many other details that determine eligibility for a marriage-based adjustment of status application. It would be wise for you and your spouse to consult with an immigration attorney who, after learning all of the relevant details, would be able to advise about eligibilities, options and strategies, and would be able to offer legal representation in the often complex application process. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
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